Dodgy magistrates protected

The media and the public will not be allowed into meetings of parliament's justice committee at which the suspension of magistrates is to be discussed.

Though the alleged offences of magistrates were discussed at open meetings in October 2009 and November 2010, future discussions would take place behind closed doors, the justice committee said yesterday.

The committee said it needed to discuss the conduct of about six magistrates and, because none was present to defend himself, it would be unfair to allow the media to report, the committee said.

But COPE MP Luzelle Adams said the public would hear about the magistrates' alleged misdeeds when the committee tabled its report in the National Assembly.

African Christian Democratic Party MP Steve Swart said magistrates had contacted the committee to express "concern about the way proceedings were reported" last year.

The Times reported then that the Magistrates' Commission was investigating the conduct of 16 magistrates. Another two had been fired and three suspended.

One of the magistrates had commented "good riddance to bad rubbish" about a dead man while hearing a car accident case.

Another magistrate had "moonlighted" as an attorney while serving on the bench, but lied to the commission about this.

The misconduct cases involved magistrates who allegedly took bribes, were drunk on duty or engaged in sexual harassment.

In 2009, the non-government Parliamentary Monitoring Group reported that MPs had agreed to suspend one magistrate provisionally for "laying his hand between the breasts of the clerk of the court".

The co-chairman of parliament's Press Gallery Association, Joylene van Wyk, said that it was "unacceptable" that the committee meetings were to be held in camera.

"We were last year assured by the house chairman of the National Assembly, Cedric Frolick, that chairmen of committees should apply to him when they want a meeting to be closed. The request would then be referred to Speaker Max Sisulu to make a final decision," she said.

Committee chairman Luwellyn Landers said Frolick had agreed that the meetings could be closed.

Frolick could not be reached for comment.

Last year, five magistrates were suspended. They included Umlazi magistrate Michael Masinga, who was charged with attempted murder after he allegedly assaulted his wife with a blunt axe, kicked her and threatened to kill her.

Ermelo magistrate Wessel Prinsloo was suspended for allegedly making obscene phone calls to a female court clerk, and Daveyton magistrate Lefa Maruwa was suspended after being found guilty of fraud.

Clocolan magistrate Dawid Jacobs was suspended because he "suffers from severe alcohol dependency, to such an extent that he is unable to perform his judicial functions effectively", and Daveyton magistrate Musa Chauke was accused of e-mailing pornographic material from his office computer.